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INVESTMENT OF PUBLIC FUNDS | No. 5-14 | Rev. 5-11-95 |
| Date 9-9-81 | |||
I. PURPOSE
To establish University guidelines and procedures related to the reporting
and investment of public funds.
II. REFERENCES
State Money Management Act, Section 51, Chapter 7, Utah Code Annotated, 1953 as amended
Rules of the State Money Management Council
Utah State Board of Regents Investment Policy (R541)
Weber State University PPM 5-4c, Banking Services
Weber State University PPM 5-25h, Procurement from Vendor in Which University Employee Has an Interest
III. DEFINITIONS
A. Public Funds
State money and all other funds, regardless of the source, which are
owned, held or administered by the University.
1. State Funds
Funds from legislative appropriations for the support and operation
of the University.
2. Donated Funds
Funds acquired by gift, devise or bequest. Also referred to as
development and/or endowment funds.
3. Other Funds
Funds not identified under 1 and 2 above, primarily consisting of
plant funds, student funds, auxiliaries and agency funds.
B. Public Treasurer
A Weber State University employee who has been designated by the Board
of Trustees as the University's public treasurer, as defined in the
State Money Management Act, and who has been delegated the
responsibility for the safekeeping and investment of the University's
public funds.
IV. GENERAL PROVISIONS
A. The investment of public funds by the University shall comply with
applicable statutory provisions, including the State Money Management
Act, the rules of the State Money Management Council, the policies of
the State Board of Regents and the policies of the Weber State
University Board of Trustees.
B. The Board of Regents has delegated authority for management of
investments of funds in the custody and control of the University to the
Board of Trustees which in turn has delegated such authority to
designated officers or employees of the University. The signatory
powers may be delegated by corporate resolution or other appropriate
written instrument.
C. The vice president for Administrative Services shall recommend for
appointment by the Board of Trustees an employee of the University to
serve as the University's public treasurer. The nominee shall possess
demonstrated skills and capabilities in the management of institutional
cash and investments. An interim public treasurer may be appointed by
the vice president for Administrative Services to serve in the absence
of the public treasurer. Such an interim appointment is effective until
the return of the public treasurer or the next regular meeting of the
Board of Trustees, whichever occurs first.
D. Investment Objectives
The University shall manage its funds according to the following
objectives:
1. Conformity with state law, pertinent bond covenants, donor
instructions or other pertinent legal restrictions
2. Protection and safety of principal
3. Liquidity or availability of funds
4. Recognition of the different investment objectives between operating
and permanent funds. Operating funds shall be invested so that the
maturity of the investment does not exceed the anticipated date of
the need for expenditure of the funds.
5. Maturity of investments, so that the maturity date of the investment
does not exceed the anticipated date of the expenditures of funds.
6. Maximization of the rate of return consistent with the foregoing
objectives.
Selection of investments shall be made with the exercise of judgment and
care, under circumstances then prevailing, which persons of prudence,
discretion and intelligence would ordinarily exercise in the management
of their own affairs, not for speculation but for investment,
considering the safety of their capital as well as the expected benefits
to be derived and the duration for which such investment is to be made.
E. Beneficial Interests and Donor Restricted Investments
In addition to public funds owned, held or administered by the
University, the University may be the beneficiary of trust funds, which
it does not own nor control, and which are administered by independent
trustees or boards. This policy does not apply to such trusts nor to
donated funds which the donor has directed to be invested in specific
securities or properties.
V. POLICY
A. Authority to Manage Public Funds
1. The authority to manage the University's public funds which
authority has not otherwise been delegated is delegated to the
University's public treasurer.
2. Qualified investment counsel may be appointed by the Investment
Committee and approved by the Board of Trustees to provide
investment advice to the public treasurer and/or retained to manage
one or more investment pools. Investment counsel and managers will
be chosen on the basis of investment performance and investment
reputation in the financial community as well as cost of services.
Such appointments will be subject to annual review. Investment
counsel and managers will be compensated for services as authorized
by the Board of Trustees.
B. Approval of Investment Decisions
1. The public treasurer is authorized to purchase and sell repurchase
agreements or money market funds and other investments in compliance
with applicable law, rule, policy or regulation.
2. The public treasurer must receive the approval of the vice president
for Administrative Services or the University president for any
individual investment transaction exceeding $1,000,000, excluding
repurchase agreements and transactions with the State treasurer's
investment pool.
3. No person may engage in an investment transaction of public funds of
the University except as provided under the terms of this policy.
C. Investment Pools
1. Ordinarily, investment funds will be pooled to accomplish the
objectives stated in IV, D above.
2. The investment pools of the University will consist of the
following:
a. Cash Management Pool
Source of Funds
All funds of the University not assigned to the endowment pool,
including but not limited to student activity accounts,
internally restricted accounts, auxiliary accounts, agency
accounts, service enterprise accounts, and general fund
accounts.
Investment Strategy
At least 30 percent of pool's cost basis must be invested in
securities with maturities not to exceed 1 year.
Ordinarily no individual investment in this pool will have a
maturity exceeding 5 years.
The investments will be made in accordance with Section 51-7-11
of the State Money Management Act and any other applicable law,
rule, policy or regulation.
b. Endowment Pool
Source of Funds
Endowment funds including quasi endowments (funds functioning
as endowments) specifically assigned to the endowment pool by
the University administration.
Investment Strategy
Invested to maximize total return (cash yield and capital
appreciation).
Cash Yield must be sufficient to meet the projected cash needs
of the endowed programs.
Ordinarily a portion of the total annual return sufficient to
maintain the purchasing power of the endowment shall be
transferred to the endowment principal. Such portion to be
determined annually by the University Investment Committee.
Investments shall be made in accordance with donor directive
and Rule 2 of the Money Management Council and any other
applicable law, rule, policy, or regulation.
3. Additional investment pools designed to accomplish alternative
investment objectives may be created when deemed appropriate and
approved by the Board of Trustees.
D. Separate Investments
Certain funds may be separately invested, rather than included in a
pool, if one or more of the following conditions exist:
1. The investment of the funds has been specified or restricted by the
donor in a manner which makes it impractical to co-mingle with funds
in investment pools.
2. The funds have been pledged or dedicated and must be invested in
accordance with the objectives and guidelines stated in bond
resolutions or other debt agreements.
3. Funds of the University Foundation which are assigned by the
Foundation Board of Directors to be invested by the University.
E. Distribution of Income from Investment Pools and Account Eligibility
The net realized earnings after reinvestment of principal in accordance
with Section V.C.2.b. of this policy from the various kinds of
investments in each pool will be distributed quarterly to each eligible
account in proportion to its share of the applicable investment pool.
The quarterly distributions will be based on estimated net earnings for
the period. The final distribution each year will be adjusted to
reflect actual net earnings. To be eligible, an account must maintain a
minimum balance to be determined annually by the Investment Committee.
Eligible accounts include development and endowment accounts, i.e.,
donated funds and any other account so designated by the President's
Council. All other investment income will be distributed to the
discretionary fund account.
F. Donated Securities
1. All donated securities will be processed through the Development
Office. The value of donated securities shall be established for
donor purposes in accordance with appropriate IRS regulations and
receipted accordingly.
2. Ordinarily, securities which are received by gift or bequest shall promptly (or as soon as prudent based on current economic conditions) be sold in accordance with V, B, 2 above and procedures established by the University Development Office. Exceptions are securities which would otherwise be held by the University in accordance with investment objectives stated in IV, C above and which meet the requirements of the State Money Management Council and securities with restrictions specified by the donor of the gift
or bequest which preclude the University from selling the
securities. All securities held by the University will be
registered in the name of Weber State University.
G. Internal Controls
The University shall establish a system of internal controls which shall
be evaluated annually by the University's internal auditors and/or by
independent auditors. The controls shall be designed to prevent losses
of public funds arising from fraud, employee error, misrepresentation by
third parties or imprudent actions by University employees and officers.
Such controls shall provide for, but not be limited to, the following:
1. Separation of transaction authority from accounting and record
keeping
2. Appropriate segregation of other related duties
3. Custodial safekeeping of securities
4. Avoidance of bearer-form securities
5. Clear delegation of investment authority
6. Written confirmation of telephone transactions
7. Supervisory control and oversight
8. Documentation of transactions and strategies
H. Reporting Requirements
1. The public treasurer shall submit monthly investment reports to the
secretary of the University's Board of Trustees in a timely manner.
Such reports will include the monthly portfolio activity as well as
the detail of the University's entire portfolio, showing costs and
market for each investment and maturity dates where applicable. The
secretary shall place the report on the agenda of the next regular
Board meeting. The Board, at its regularly scheduled meeting, shall
approve or reject the reports.
2. The University shall submit to the office of the Utah System of
Higher Education (USHE) a copy of the reports submitted to its Board
of Trustees as required in V.H.1. above no later than seven (7) days
after the Board's action(s). Reports submitted to the USHE shall be
accompanied by a certification from the University president which
shall state that the University president has reviewed the reports.
The report shall also include a certification by the public
treasurer that the reports accurately reflect the investment
activity, the cost and market value of all investments at month's
end and that all investments conform with University and Board of
Regents policies and with the State Money Management Act and the
rules of the State Money Management Council except as specifically
noted in the certificate.
3. Annually, no later than the date required by the USHE, the
University shall submit, on forms provided by the USHE, a summary
report of its money management activities for the prior fiscal year.
This report shall include the University's internal auditor's
opinion regarding (1) the fairness of presentation of the report in
accordance with generally accepted accounting principles and (2)
compliance with the applicable state statutes, in particular, the
State Money Management Act, rules of the State Money Management
Council and policies of the Board of Trustees and of the State Board
of Regents. A copy of the report will be presented by the vice
president for Administrative Services to the Board of Trustees for
its information at its next regularly scheduled meeting.
4. Reports of the performance of any independent investment managers
will be submitted by the vice president for Administrative Services
each calendar quarter to the Board of Trustees for its information.
VI. INVESTMENT ADVISORY COMMITTEE
The University Investment Committee, chaired by the vice president for
Administrative Services and consisting of the chair of the Business
Committee of the Board of Trustees, the University president, the vice
president for Administrative Services, the vice president for University
Advancement/Community Partnerships, the director of Accounting Services, the
public treasurer, one community member appointed by the University
president, and one representative from the University Foundation Board of
Directors shall meet at least once each calendar quarter to do the
following:
A. Recommend to the Board of Trustees adoption of appropriate policies or
practices relating to the investment of public funds and allocation of
earnings.
B. Review current economic conditions and future economic forecast
C. Review the University's current investment strategy, investment
portfolio and institutions in which University funds are invested
D. Formulate the investment strategy to be employed for the next quarter
E. Recommend to the Board of Trustees the engagement, termination or
continuation of external investment counsel or investment managers
F. Review the annual Money Management Report and auditor's opinion
G. Annually establish: (a) the minimum balance required for accounts to be
eligible to participate in the distribution of investment earnings, and
(b) the amount of endowment earnings transferred to endowment principal
to maintain purchasing power of the endowment.
VII. RELATIONSHIPS WITH FINANCIAL INSTITUTIONS
Qualified depositories as defined by the State Money Management Act shall be
selected through the banking services procurement process, which shall
include a formal request for proposals issued every four years in accordance
with the University Banking Services Policy (PPM 5-4c).
VIII. ETHICS AND CONFLICTS OF INTEREST
The public treasurer and other officers involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which would impair their ability to make impartial investment decisions. University investment officials shall disclose in advance to the University president any material financial interests in financial institutions, investment counselors or investment managers with which the University has or is considering to have an investment. Such officers shall subordinate their personal investment transactions to those of the University, particularly with regard to the timing of purchases and sales.